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202001 | MOU Named Case > Forms 1 MCC Agreement For a Constituent Group of Individuals – NAMED CASE SPONSORSHIP Between: Mennonite Central Committee Canada (MCC) as the Sponsorship Agreement Holder (SAH) and _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (hereafter collectively called “the CG”) and for identification purposes: ____________________________________________________________________ Name of the Constituent Group For the sponsorship of ____________________________________________________________________ Name of the Principal Applicant
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Page 1: For a Constituent Group of Individuals NAMED CASE SPONSORSHIPnamedsponsorshipdocs.mcco.ca/Forms/MOU Named Case for CG... · 2020. 5. 1. · 202001 | MOU Named Case > Forms 6 Issues

202001 | MOU Named Case > Forms 1

MCC Agreement

For a Constituent Group of Individuals – NAMED CASE SPONSORSHIP

Between:

Mennonite Central Committee Canada (MCC) as the Sponsorship Agreement Holder (SAH)

and

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

(hereafter collectively called “the CG”)

and for identification purposes:

____________________________________________________________________ Name of the Constituent Group

For the sponsorship of

____________________________________________________________________ Name of the Principal Applicant

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202001 | MOU Named Case > Forms 2

Background: MCC feels called to welcome resettled refugees to Canada as one way to build peace and justice

in Canada and around the world.

When staff resources allow and the goals of a group outside MCC’s core constituency are in line with MCC’s goals to implement the Canadian government’s Private Sponsorship of Refugees Program (PSRP) such groups are also welcome to partner with MCC.

Such churches, groups of individuals, and other organizations are designated as Constituency Groups (CGs) by Immigration, Refugees, and Citizenship Canada (IRCC) under the PSRP.

As a Sponsorship Agreement Holder (SAH), MCC has entered into certain legal commitments and binding obligations with IRCC, and is ultimately responsible to IRCC for the manner in which CG’s whom it has approved carry out their activities in sponsoring and working with a refugee family.

Mennonite Central Committee (Ontario) (hereafter called “MCC”) is a related registered charity operating within Ontario, to whom MCC has delegated some of its responsibilities for local implementation of refugee sponsorships, and is MCC’s authorized agent for CGs and refugees sponsored in Ontario.

The individuals listed above have approached MCC and expressed their desire to partner with MCC in sponsoring a named refugee sponsorship, as an approved CG. Therefore, the partnership is between MCC and the CG; the CG retains its members and volunteers.

This Agreement sets out the mutual commitments and obligations being undertaken by MCC and the CG with respect to sponsorship of the Named Refugee Sponsorship assigned to the CG under the PSRP.

Sponsoring Refugees is a Charitable Act The Sponsorship Agreement, which MCC has signed with IRCC, requires that a Sponsorship Agreement Holder and its Constituency Groups may not profit financially in any way through the sponsorship of refugees.

Accordingly, the CG agrees that:

It may not collectively, and none of its members may individually, charge any fees, expect or require contributions, nor demand or accept repayment from refugees for the act of private sponsorship.

Privately sponsored refugees have no legal obligations to, and cannot be required to, enter into any legal obligation to prepay or repay their sponsors for lodging, care, and settlement assistance.

The refugee’s relatives in Canada or abroad may voluntarily contribute funds to the resettlement of the refugee family, if able and willing to do so, but they must not expect reimbursement (financially or in-kind) for doing so from the sponsored refugee, and the CG will not participate in, nor facilitate, any such transaction.

The CG is jointly and severally responsible for financial obligations the undersigned have collectively agreed to in the Sponsorship Undertaking signed with IRCC. The undersigned are not liable for debts which privately sponsored refugees incur in Canada themselves, or before coming to Canada (e.g. travel loans).

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Basic commitment When submitting a private refugee Sponsorship Undertaking (IRCC form IMM-5373), MCC and the CG

must commit to having sufficient resources to support the privately sponsored refugee(s) for the period

determined in the Sponsorship Undertaking, which is normally 12 months.

Accordingly, the CG agrees to the following:

The authorized signing officers of the CG will sign the Sponsorship Undertaking which binds the CG to provide the financial and moral support of the refugee(s) which they have agreed to sponsor;

Reception – members of the CG will meet and welcome the refugee(s) upon arrival in the community;

Lodging – The CG will provide suitable accommodation, basic furniture and other household essentials for the refugee(s);

Care – The CG will provide food, clothing, local transportation and other basic necessities of life to the refugee(s);

Settlement Assistance and Support – The CG will assist the refugee(s) to learn an official language, seek employment, encourage and assist them to adjust to life in Canada;

Details of the types of support described above will be outlined in a Settlement Plan (IRCC form IMM-5440) which will be completed and signed by the authorized signor and MCC.

Scope of Financial Commitment for CG Before MCC will submit a completed Sponsorship Undertaking agreement to IRCC, the CG must satisfy

MCC that it collectively has the necessary financial resources available to support the refugee(s) for the

entire period of sponsorship. Unless other arrangements are made in advance, the CG is entirely

responsible for the financial support of the sponsorship. By signing this Agreement, the undersigned CG

members agree that they will be jointly and severally responsible for those costs as established by IRCC

RAP Rates and determined by the Minimum Financial Support Calculator. This is the MINIMUM

required for support and must be maintained at the rate current throughout the year of sponsorship

(which may differ from the amount due at application submission).

MCC will set up a Refugee Resettlement Designated Account (RRDA) to receive funds required to cover the cost of resettling the refugee(s). Funds received for named sponsorships are not considered a charitable contribution by Canada Revenue Agency, thus MCC will not generally provide tax receipts. MCC will assess a 5% cost recovery fee to partially offset the costs associated with the administrative resettlement process. If MCC’s conditions of operation of such a designated account are met, then the authorized signor and finance contact will sign the MOU regarding the setting up of a RRDA. If these conditions cannot be met by the CG, an RRDA cannot be set up.

The Financial Report and Cheque Request process provides a summary report of the financial commitment and support provided by the CG. This report will prove valuable as a Quality Assurance document for IRCC.

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Working with Vulnerable Populations

Vulnerable Sector Checks (VSC)

Because resettled refugees are considered a vulnerable population, all members and volunteers of the

CG who will work directly with PSRs are required to obtain a Vulnerable Sector Check. It is noted that

MCC is in partnership with the CG, not its individual members, and all volunteers are considered

volunteers of the CG, not of MCC.

The CG will provide MCC with a list of all current volunteers associated with the specific case

application through the Volunteer Information Form at the time of the application submission. Upon

the approval of the refugees to come to Canada by a Canadian Visa Officer abroad, MCC will be in

contact to start the VSC process. Vulnerable Sector Checks will be conducted by a third party

contracted specifically for this purpose. The CG volunteers listed on the form will receive the

information link via email from MCC which will then guide them through the process. The associated

fees are the responsibility of the individual applicants.

The CG is responsible for notifying MCC of any changes to their volunteer staffing throughout the

sponsorship period.

If necessary, the CG may speak with MCC regarding the use of their local Police Services for Vulnerable

Sector Checks. MCC will maintain files related to VSCs and will advise the CG of any concerns.

The only exception to this requirement will be for CG members who have already undergone such a

background check within the last two (2) years by another charity (such as a church congregation)

which is supporting their refugee sponsorship effort. A copy of this Vulnerable Sector Check must be

provided to MCC.

Liability and Auto Insurance Refugee Sponsorship, as with any program or service that interacts with people, carries a certain risk to

the individuals involved. While the incident rate is very low, the risk involved for volunteers needs to be

acknowledged.

Liability – legal issues arising from injury or harm at the hands of volunteers or newcomers

Insurance – liability arising from use of personal vehicle or home

Allegations of abuse.

Proof of liability insurance must be provided by the individual to the CG. The CG will maintain the

appropriate records with confidentiality. MCC may request proof of compliance at any time.

All members of the CG who plan to work directly with, interact or provide transportation to PSRs, will

provide the CG with proof of the following standard insurance coverages:

a) a valid motor vehicle insurance policy carrying third party liability coverage of not less than $1,000,000.00, for any vehicles in which PSRs are likely to be transported during the year of sponsorship commitment

b) a homeowner’s or tenant’s insurance policy on the residence where the CG member resides providing third party liability coverage of not less than $1,000,000.00.

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Structure and Administration of the Relationship Between MCC and CG

In order for the sponsorship to be well managed:

The CG will:

Work cooperatively with MCC as its staff assess the viability of a sponsorship.

Designate a Primary Contact, Secondary Contact and Finance Contact person as well as an Authorized Signor. Full contact information for these individuals will be provided to MCC and if there is a change, MCC will be notified.

The Authorized Signor for the CG will o sign a Settlement Plan that is approved by MCC. o sign the Sponsorship Undertaking on behalf of the entire CG, for the sponsorship. He or she

will ensure that the rest of the group understands the obligations that they are agreeing to corporately. NOTE: By signing this agreement, the undersigned CG members agree to be bound by Sponsorship Agreement and Settlement Plan (and any other necessary documentation) signed on their behalf by the CG’s authorized signor.

Report to MCC any changes in the composition of the group that may have an impact on the Settlement Plan, such as members moving away, unexpected financial problems or conflict within the CG or with the resettled refugee.

Report to MCC if the resettled refugee moves or has a change in family composition through events such as births, deaths, marriages, or divorce.

Report to MCC at its one month (baseline), six month and 12 month point of resettlement for MCC’s data collection and reporting obligations to IRCC.

Follow the budgeting, reporting, and cheque request process outlined in the MOU RRDA.

Allow a representative of MCC to visit the resettled refugee at any time that is convenient for the resettled refugee.

If significant problems arise with the sponsorship that are required to be brought to the attention of IRCC, MCC will be responsible for such contact and communication with IRCC. The CG will cooperate with MCC in obtaining and providing any necessary information and records for such purposes.

MCC will:

Support in assessing the viability of a sponsorship before a Sponsorship Undertaking is signed, through MCC personnel.

Support from MCC personnel in filling out all necessary sponsorship documentation and monitor the application as it is processed by IRCC.

Information on the expected arrival date for the newcomers as soon as that is known. CGs should note that sometimes the Notice of Arrival Transmission (NAT) does not come from IRCC until shortly before the arrival of the newcomers, and be prepared to respond accordingly.

MCC staff will remain available to the CG and the resettled refugee(s) for consultation and support throughout the resettlement period.

MCC will advise the CG and the newcomers on their transition out of the official sponsorship period.

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Issues arising in completion of a sponsorship MCC is required to periodically monitor and assess each refugee placement with a CG and provide reporting back to IRCC. Circumstances can also change, for reasons that are unforeseen and uncontrollable, as the one year sponsorship commitment proceeds.

The CG members therefore acknowledge and agree that:

A sponsorship breakdown will not relieve the CG from its financial commitments for the full sponsorship period, and funds that have been raised for their Sponsorship Undertaking are not returnable.

CG members who directly interact with and work with PSRs, and who have therefore provided proof of insurance coverage to MCC, will indemnify MCC and MCC if any legal claims are brought against them as a result of alleged negligence or misconduct on the part of a CG member which has allegedly caused harm or injury to a PSR.

CG Option selection Please check each box to indicate that the CG agrees to comply with the following processes as

outlined in this agreement:

Finance Reporting: ☐ Yes

VSC Process: ☐ Yes

Insurance Process: ☐ Yes

Contact Persons and Designated Representatives of the CG Primary Contact: Name: _________________________________________________________________________

Address: ___________________________________________________PC________________

Home Phone: ________________________ Cell Phone: ___________________________

E-mail: ________________________________________________________________________

Secondary Contact: Name: _________________________________________________________________________

Address: ___________________________________________________PC________________

Home Phone: ________________________ Cell Phone: ___________________________

E-mail: ________________________________________________________________________

Finance Contact: Name: _________________________________________________________________________

Address: ___________________________________________________PC________________

Home Phone: ________________________ Cell Phone: ___________________________

E-mail: ________________________________________________________________________

Authorized Signor: Name: _________________________________________________________________________

☐ same as Primary Contact Address: ___________________________________________________PC________________

Home Phone: ________________________ Cell Phone: ___________________________

E-mail: ________________________________________________________________________

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Privacy and Confidentiality As a Constituent Group working with MCC to resettle refugees, it is important to understand and

support our collective responsibility to protect the privacy of personal information of sponsorship

group participants, volunteers, interpreters, staff, donors, and the sponsored refugees. As well, the

confidentiality of personal matters needs to be respected. Therefore we have developed Privacy and

Confidentiality Guidelines for CGs which are attached to this MOU document as an Appendix and can

be found on our Refugee Resettlement Portal.

To signify our acceptance and intention to be bound by this Agreement and Privacy Guidelines (Appendix), the individuals named on Page 1 of this document have each signed this Agreement below, on the date indicated beside our respective signatures.

Constituent Group Members _______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

_______________________________________ __________________________ _______________ Print full name signature date

Mennonite Central Committee Canada

Moses Moini, Refugee Program Coordinator, MCC Ontario I have authority to bind MCC Canada

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202001 | MOU Named Case > Forms 8

Mennonite Central Committee Ontario

Guidelines: Regarding Privacy and Confidentiality

As a Constituent Group working with MCC to settle refugees, it is important to understand and support our

collective responsibility to protect the privacy of personal information of sponsorship group participants,

volunteers, interpreters, staff, donors and the sponsored refugees.

The below are principles and guidelines regarding the minimum requirements for the protection of personal

information provided by a Constituent Group to its supporters, constituents, volunteers and donors in a

manner consistent with the provisions of the Personal Information Protection and Electronic Documents Act

Canada (PIPEDA). PIPEDA establishes rules for the management of personal information by organizations

involved in commercial activities, attempting to strike a balance between an individual’s right to the

protection of personal information and the need of organizations to obtain and handle such personal

information for legitimate business purposes.

Personal information includes data that specifically identifies someone like name, address, phone number,

email address, etc.).

Below are some important principles and practices regarding the collection of personal information for

constituent groups:

Be accountable for the information you collect (keep accurate and secure).

Be accountable for the information you collect (keep accurate and secure).

Obtain consent for the collection and use of private information.

Limit collection of information to only that which is necessary.

Do not share personal information without consent. As well, a level of confidentiality should be kept for the constituent group and the refugees. It is helpful if each

Constituent Group spends some time discussing confidentiality expectations among group members. It is also

important to respect the right to privacy and confidentiality for the refugee newcomers as well. Sponsored

refugees are already vulnerable given their recent experiences and newness to the country. Thus it is of

utmost importance that discretion and sensitivity be used in the sharing of personal or private information

about the newcomers. Personal and private Information should be shared and discussed on a “need to know

basis” with those in the group and/or with any involved community support professionals.

More information about the PIPEDA Canada can be found at this site:

https://www.priv.gc.ca/leg_c/r_o_p_e.asp

MOU-Appendix

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202003 | Named Case Portal > Forms 9

Addendum to MCC Agreement

For a Constituent Group of Individuals – NAMED CASE SPONSORSHIP

PREAMBLE: Named Cases and Official Donation Receipts Cases that have been brought to MCC’s attention for sponsorship under the Private Sponsorship of

Refugee Program (PSRP) by either local relatives of refugees who are still overseas or other members of

the Canadian public fall under the stream known as Named Case Sponsorships.

Groups considering a Named Case Sponsorships should be aware of the CRA regulations regarding

Official Donation Receipts. According to CRA:

"A registered charity cannot issue an official donation receipt if a donor has directed

the charity to give the funds to a specified person or family. In reality, such a gift is

made to the person or family and not to the charity. However, donations subject to a

general direction from a donor that the gift be used in a particular program operated

by a charity are acceptable, provided that no benefit accrues to the donor, the

directed gift does not benefit any person not dealing at arms' length with the donor,

and decisions regarding utilization of the donation within a program rest with the

charity".

http://www.cra-arc.gc.ca/chrts-gvng/chrts/prtng/gfts/whts-eng.html

Named cases that MCC will receive will fall into two categories.*

Cases referred to MCC by groups or relatives who want to sponsor them. Since there will be a direct benefit to the group or sponsors, those funds they raise will not qualify for an official donation receipt.

Cases where MCC is asked to find sponsors, MCC will act as a referral agent to a group that is at arm’s length. With cases that are at arm’s length, sponsors will qualify to receive an official tax receipt.

Funds received by MCC for which a tax receipt has been issued cannot be returned to the donor and

will remain the property of MCC to be used for refugee resettlement as required by CRA. If the

refugee/s do not arrive in Canada, receipted funds will be redirected to refugee resettlement efforts in

consultation with the CG.

*MCC reserves the right to determine into which category each case will fall.

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202003 | Named Case Portal > Forms 10

Addendum to MCC Agreement

For a Constituent Group of Individuals – NAMED CASE SPONSORSHIP

ADDENDUM to Agreement: MCC has assessed the sponsorship of:

Name of Principal Applicant: ______________________________________________________

by its CG: ______________________________________________________________________

to be at arm’s length and therefore in compliance with the CRA ruling. Therefore this Addendum refers

to the Sponsorship Agreement and modifies:

Section: Scope of Financial Commitment for CG MCC will set up an Refugee Resettlement Designated Account (RRDA) to receive funds required to

cover the cost of resettling the refugee(s) and will issue tax receipts.

MCC will assess a 5% cost recovery fee to partially offset the costs associated with the administrative resettlement process. If MCC’s conditions of operation of such a designated account are met, then the Authorized Signor and Finance Contact will sign the MOU RRDA regarding the setting up of a RRDA. If these conditions cannot be met by the CG, an RRDA cannot be set up.

Funds received by MCC for which a tax receipt has been issued cannot be returned to the donor and

will remain the property of MCC to be used for refugee resettlement as required by CRA. If the

refugee/s do not arrive in Canada, receipted funds will be redirected to refugee resettlement efforts in

consultation with the CG.

Authorized Signor Finance Contact:

Name: Name:

Signature: Signature:

Date: Date:

Mennonite Central Committee Canada Moses Moini, Refugee Program Coordinator, MCC Ontario I have authority to bind MCC Canada


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